COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0472H.02C Bill No.:HCS for HB 117 Subject:Crimes and Punishment; Criminal Procedure; Motor Vehicles Type:Original Date:February 2, 2025Bill Summary:This proposal modifies and establishes provisions regarding motor vehicles offenses. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2030) General Revenue ($204,037)($261,618)($353,804) Could exceed ($496,783) Total Estimated Net Effect on General Revenue($204,037)($261,618)($353,804) Could exceed ($496,783) ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2030) Total Estimated Net Effect on Other State Funds $0$0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 2 of February 2, 2025 DD:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2030) Total Estimated Net Effect on All Federal Funds $0$0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2030) General Revenue1 FTE1 FTE1 FTE2 FTETotal Estimated Net Effect on FTE 1 FTE1 FTE1 FTE2 FTE ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2030) Local Government$0$0$0$0 L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 3 of February 2, 2025 DD:LR:OD FISCAL ANALYSIS ASSUMPTION §§302.304, 302.440, 302.525 & 302.574 – Intoxication-Related Traffic Offenses Officials from the Department of Revenue (DOR) assume the following regarding this proposal: Administrative Impact Driver License Bureau The Department currently requires the ignition interlock for any second or subsequent intoxicated-related enforcement contact (administrative and point accumulation actions) added to a driver’s record. This includes Administrative Alcohol suspensions and revocations; chemical refusals; point suspensions, and revocations; and any limited or restricted driving privileges granted to these offenders. This legislation is requiring the Department to add the ignition interlock device (IID) requirement to any person with a blood alcohol content .15% or more for a first time offense. This proposed legislation would require programming to the current Missouri driver license system, internally referred to as FUSION, to evaluate both administrative actions and convictions processed by the department and add the ignition interlock requirement to those actions even if there is not a prior alcohol-related enforcement contact to the drivers’ record if the blood alcohol content is .15% or more. This language is changing requirements for all restricted driving privileges (RDP) to have the ignition interlock installed before these privileges are issued. Currently, a sixty-day restricted privilege is issued without the ignition interlock requirement for first time offenders and are automatically generated systematically without the driver having to request one from the department. This would require multiple additions to existing MODL evaluation routines that exist today. This would also require the Department to revise all correspondence that is generated to the driver and notices issued roadside by law enforcement. In FY 2024, the department issued 2,553 sixty-day RDP’s for first time offenders. DOR records indicate that 13,125 records currently require the installation of an ignition interlock device for reinstatement monitoring or to comply with a court order. In FY 2024, DOR received 4,747 administrative alcohol cases that showed a blood alcohol content (BAC) of .15% or more as a first-time offense. L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 4 of February 2, 2025 DD:LR:OD Passage of this bill will add IID requirements and monitoring to approximately 7,300 additional records. Ignition interlock manufacturers are required by State Code of Regulations, 7 CSR 60-2, to submit all device status’ (installs, de-installs, and failure to maintain) and certification of completion of the monitoring period. The Department anticipates an increase of telephone inquiries, correspondence, and additional communications required between their office and the ignition interlock manufacturers to ensure the integrity of the data and meet the current department auditing processes. The department already answers approximately 32,000 calls a year regarding reinstatement requirements. The Department anticipates a significant increase in calls due to this proposed language. The impact to the Department is estimating a 50% increase in call volume; therefore, DOR is requesting one FTE to answer these additional telephone inquiries. If the increase is more significant than anticipated, additional FTE may be requested through the appropriations process. Telephone Inquiries A telephone operator is expected to process 60 telephone inquiries daily. 32,000 Current call volume for reinstatement requirements x 50% Percent which will generate telephone inquiries 16,000 Telephone inquiries received per year / 252 Work days per year 63 Telephone inquiries received per day / 60 Telephone inquiries processed per day 1.05 1 FTE needed to answer telephone inquiries Total of one (1) Customer Service Representative ($3,536 month) To implement the proposed legislation, the Department will be required to: To implement the proposed legislation, the Department will: • Complete programming and user acceptance testing of FUSION for the new evaluation for ignition interlock requirement for first time offenders based on .15% BAC or higher; • Evaluate conviction routines; • Update interactive applications for automated responses to customers through telephone system (current vendor Genesys) or online (DORA); • Update the Department website; • Update forms, correspondence and procedures; • Update the Missouri Driver Guide; and • Provide training to team members L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 5 of February 2, 2025 DD:LR:OD FY 2026 – Driver License Bureau (testing of forms and website updates) Research/Data Analyst 1,300 hrs. @ $28.75 per hr. = $37,375 Research/Data Assistant 1,300 hrs. @ $19.29 per hr. = $25,077 Administrative Manager 1,000 hrs. @ $31.21 per hr. = $31,210 Total = $93,662 FY 2026 – Personnel Services Bureau (forms and website updates) Associate Research/Data Analyst 336 hrs. @ $23.04 per hr. = $7,741 Total= $101,403 Oversight assumes DOR will use existing staff and will only hire the one additional FTE to conduct these activities; therefore, Oversight will only reflect the cost for the additional FTE as DOR has indicated on the fiscal note. FUSION Impact Implementation Consultant 300 hrs. @ $225 per hr. = $67,500 Oversight does not have information to the contrary and therefore, Oversight will reflect the implementation consultant costs as provided by DOR. §§569.170 and 569.175 – Offenses involving motor vehicles In response to a previous version, officials from the Department of Corrections (DOC) stated this proposal modifies and establishes offenses involving motor vehicles. Section 569.170 expands the offense of burglary 2nd degree by creating a new class D felony when a person unlawfully enters into a motor vehicle with the intent to commit any felony or theft and a new class C felony when a burglary is committed with the possession of a firearm. Section 569.175 creates the offense of unlawfully gaining entry into motor vehicles with the penalty of a class E felony. For each new nonviolent class D felony, the department estimates three people could be sentenced to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5 years, of which 2.8 years will be served in prison with 1.7 years to first release. The remaining 2.2 years will be on parole. Probation sentences will be 3 years. The cumulative impact on the department is estimated to be 8 additional offenders in prison and 16 additional offenders on field supervision by FY 2028. L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 6 of February 2, 2025 DD:LR:OD For each new class C felony, the department estimates four people could be sentenced to prison and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7 years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on parole. Probation sentences will be 3 years. The cumulative impact on the department is estimated to be 15 additional offenders in prison and 19 additional offenders on field supervision by FY 2029. For each new violent class E felony, the department estimates two people will be sentenced to prison and one to probation. The average sentence for a violent class E felony offense is 4 years, of which 3 years will be served in prison with 2.2 years to first release. The remaining 1.0 year will be on parole. Probation sentences will be 4 years. C hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent) F Y2026 F Y2027 F Y2028 F Y2029 F Y2030 F Y2031 F Y2032 F Y2033 F Y2034 F Y2035 N ew Admissions C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 3 3 3 3 3 3 3 3 3 3 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 5 5 5 5 5 5 5 5 5 5 C hange (After Legislation - Current Law) A dmissions 3 3 3 3 3 3 3 3 3 3 P robations 5 5 5 5 5 5 5 5 5 5 C umulative Populations P rison 3 6 8 8 8 8 8 8 8 8 P arole 0 0 1 4 7 7 7 7 7 7 P robation 5 1 0 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 I mpact P rison Population 3 6 8 8 8 8 8 8 8 8 F ield Population 5 1 0 1 6 1 9 2 2 2 2 2 2 2 2 2 2 2 2 P opulation Change 8 1 6 2 4 2 7 3 0 3 0 3 0 3 0 3 0 3 0 C hange in prison admissions and probation openings with legislation-Class C Felony F Y2026 F Y2027 F Y2028 F Y2029 F Y2030 F Y2031 F Y2032 F Y2033 F Y2034 F Y2035 N ew Admissions C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 4 4 4 4 4 4 4 4 4 4 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 6 6 6 6 6 6 6 6 6 6 C hange (After Legislation - Current Law) A dmissions 4 4 4 4 4 4 4 4 4 4 P robations 6 6 6 6 6 6 6 6 6 6 C umulative Populations P rison 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 P arole 0 0 0 1 5 9 1 3 1 3 1 3 1 3 P robation 6 1 2 1 8 1 8 1 8 1 8 1 8 1 8 1 8 1 8 I mpact P rison Population 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 F ield Population 6 1 2 1 8 1 9 2 3 2 7 3 1 3 1 3 1 3 1 P opulation Change 1 0 2 0 3 0 3 4 3 8 4 2 4 6 4 6 4 6 4 6 L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 7 of February 2, 2025 DD:LR:OD The cumulative impact on the department is estimated to be 6 additional offenders in prison and 3 additional offenders on field supervision by FY 2028. Combined Cumulative Estimated Impact The impact of a new class D felony, a new C felony and a new class E violent felony on the department is estimated to be 29 additional offenders in prison and 51 on field supervision by FY 2030. C hange in prison admissions and probation openings with legislation F Y2026 F Y2027 F Y2028 F Y2029 F Y2030 F Y2031 F Y2032 F Y2033 F Y2034 F Y2035 N ew Admissions C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 2 2 2 2 2 2 2 2 2 2 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 1 1 1 1 1 1 1 1 1 1 C hange (After Legislation - Current Law) A dmissions 2 2 2 2 2 2 2 2 2 2 P robations 1 1 1 1 1 1 1 1 1 1 C umulative Populations 0 0 0 0 0 0 0 0 0 0 P rison 2 4 6 6 6 6 6 6 6 6 P arole 0 0 0 2 2 2 2 2 2 2 P robation 1 2 3 4 4 4 4 4 4 4 I mpact 0 0 0 0 0 0 0 0 0 0 P rison Population 2 4 6 6 6 6 6 6 6 6 F ield Population 1 2 3 6 6 6 6 6 6 6 P opulation Change 3 6 9 1 2 1 2 1 2 1 2 1 2 1 2 1 2 C hange in prison admissions and probation openings with legislation F Y2026 F Y2027 F Y2028 F Y2029 F Y2030 F Y2031 F Y2032 F Y2033 F Y2034 F Y2035 N ew Admissions C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 9 9 9 9 9 9 9 9 9 9 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 C hange (After Legislation - Current Law) A dmissions 9 9 9 9 9 9 9 9 9 9 P robations 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 2 C umulative Populations P rison 9 1 8 2 6 2 9 2 9 2 9 2 9 2 9 2 9 2 9 P arole 0 0 1 7 1 4 1 8 2 2 2 2 2 2 2 2 P robation 1 2 2 4 3 6 3 7 3 7 3 7 3 7 3 7 3 7 3 7 I mpact P rison Population 9 1 8 2 6 2 9 2 9 2 9 2 9 2 9 2 9 2 9 F ield Population 1 2 2 4 3 7 4 4 5 1 5 5 5 9 5 9 5 9 5 9 P opulation Change 2 1 4 2 6 3 7 3 8 0 8 4 8 8 8 8 8 8 8 8 L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 8 of February 2, 2025 DD:LR:OD # to prison Cost per year Total Costs for prison Change in probation & parole officers Total cost for probation and parole # to probation & parole Grand Total - Prison and Probation (includes 2% inflation) Year 19($10,485)($78,637)0$012($78,637)Year 218($10,485)($192,504)0$024($192,504)Year 326($10,485)($283,623)0$037($283,623)Year 429($10,485)($322,676)0$044($322,676)Year 529($10,485)($329,129)1($97,473)51($426,602)Year 629($10,485)($335,712)1($89,477)55($425,189)Year 729($10,485)($342,426)1($90,430)59($432,857)Year 829($10,485)($349,275)1($91,395)59($440,670)Year 929($10,485)($356,260)1($92,370)59($448,630)Year 1029($10,485)($363,385)1($93,357)59($456,742) If this impact statement has changed from statements submitted in previous years, it could be due to an increase/decrease in the number of offenders, a change in the cost per day for institutional offenders, and/or an increase in staff salaries. If the projected impact of legislation is less than 1,500 offenders added to or subtracted from the department’s institutional caseload, the marginal cost of incarceration will be utilized. This cost of incarceration is $28.73 per day or an annual cost of $10,485 per offender and includes such costs as medical, food, and operational E&E. However, if the projected impact of legislation is 1,500 or more offenders added or removed to the department’s institutional caseload, the full cost of incarceration will be used, which includes fixed costs. This cost is $100.25 per day or an annual cost of $36,591 per offender and includes personal services, all institutional E&E, medical and mental health, fringe, and miscellaneous expenses. None of these costs include construction to increase institutional capacity. DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that are needed to cover its caseload. The DOC average district caseload across the state is 51 offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance equal to the salary, fringe, and equipment and expenses of one P&P Officer II. Increases/decreases smaller than 51 offender cases are assumed to be absorbable. In instances where the proposed legislation would only affect a specific caseload, such as sex offenders, the DOC will use the average caseload figure for that specific type of offender to calculate cost increases/decreases. Oversight does not have any information contrary to that provided by DOC. Therefore, Oversight will reflect DOC’s impact for fiscal note purposes. L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 9 of February 2, 2025 DD:LR:OD In response to a previous version, officials from the Office of the State Public Defender (SPD) stated per the National Public Defense Workload Study, the new charge contemplated by the changes to Sections 569.170 and 569.175 would take approximately thirty-five hours of SPD work for reasonably effective representation. If one hundred cases were filed under this section in a fiscal year, representation would result in a need for an additional one to two attorneys. Because the number of cases that will be filed under this statute is unknown, the exact additional number of attorneys necessary is unknown. Each case would also result in unknown increased costs in the need for core staff, travel, and litigation expenses. Oversight assumes this proposal will not create the number of new cases required to request additional FTE for the SPD and that the SPD can absorb the additional caseload required by this proposal with current staff and resources. Therefore, Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple bills pass which require additional staffing and duties, the SPD may request funding through the appropriation process. Officials from the Office of Attorney General (AGO) arising from this proposal can be absorbed with existing resources. However, the AGO may seek additional appropriations if the proposal results in a significant increase in litigation or investigation. Oversight does not have any information to the contrary. Therefore, Oversight assumes the AGO will be able to perform any additional duties required by this proposal with current staff and resources and will reflect no fiscal impact to the AGO for fiscal note purposes. Officials from the Missouri Office of Prosecution Services (MOPS) assume the proposal will have no measurable fiscal impact on MOPS. The enactment of new crimes [569.170 and 569.175] create additional responsibilities for county prosecutors and the circuit attorney which may, in turn, result in additional costs, which are difficult to determine. Officials from the Department of Public Safety - Missouri Highway Patrol and the Missouri Department of Transportation each assume the proposal will have no fiscal impact on their respective organizations. In response to a previous version, officials from the Office of the State Courts Administrator assumed the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 10 of 12 February 2, 2025 DD:LR:OD FISCAL IMPACT – State Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2030) GENERAL REVENUE Cost – DOR (§§302.304 – 302.574)Could exceed… Personal Service($29,467)($36,067)($36,789)($36,789) Fringe Benefits($24,970)($30,248)($30,537)($30,537) Exp. & Equip.($3,463)($2,799)($2,855)($2,855)Total Cost - DOR($57,900)($69,114)($70,181)($70,181) FTE Change - DOR 1 FTE1 FTE1 FTE1 FTE Cost – DOR (§§302.304 – 302.574) Fusion implementation consultant($67,500)$0$0$0 Cost – DOC (§§569.170 and 569.175) Personal Service$0$0$0($48,736) Fringe Benefits$0$0$0($35,967) Exp. & Equip.$0$0$0($12,770)Increased incarceration costs($78,637)($192,504)($283,623)($329,129) Total Cost - DOC($78,637)($192,504)($283,623)($426,602) FTE Change - DOC 0 FTE0 FTE0 FTE1 FTE ESTIMATED NET EFFECT ON GENERAL REVENUE($204,037)($261,618)($353,804) Could exceed ($496,783) Estimated Net FTE Change on General Revenue1 FTE1 FTE1 FTE2 FTE L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 11 of 12 February 2, 2025 DD:LR:OD FISCAL IMPACT – Local Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2030) $0$0$0$0 FISCAL IMPACT – Small Business Small ignition interlock manufacturers and installers could be impacted as a result of this proposal due to the potential increase in ignition interlocks required. (Sections 302.304 through 302.574) FISCAL DESCRIPTION INTOXICATON-RELATED TRAFFIC OFFENSES (Sections 302.304, 302.440, 302.525 and 302.574) Currently, a person who has had his or her driver's license suspended or revoked because of an assessment of points for an intoxication-related traffic offense conviction and who has a prior alcohol-related enforcement contact must show proof to the Director of Revenue that any motor vehicle driven by the person has a certified ignition interlock device installed, and the ignition interlock device must be installed for at least six months. Under this bill, the requirement applies only to a person who has an intoxication-related traffic offense conviction in which the person's blood alcohol content was at least .08 but less than .15 and who has a prior alcohol-related enforcement contact or to a person who has an assessment of points for an intoxication-related traffic offense conviction in which the person's blood alcohol content was found to be .15 or more. The bill also prohibits restricted driving privileges to be issued to any person whose driving record shows an intoxication-related traffic offense in which the person's blood alcohol content was found to be .15 or more, until the person files proof with the Department of Revenue that any motor vehicle operated by the person is equipped with a functioning, certified ignition interlock device. OFFENSES INVOLVING MOTOR VEHICLES (Sections 569.170 and 569.175) This bill adds to the offense of burglary in the second degree when a person unlawfully enters a motor vehicle or any part of a motor vehicle with the intent to commit a theft or any felony. The bill defines "enters" as a person intruding with any part of the body or any physical object connected with the body. If a person who commits a violation under this provision was in possession of a firearm at the time or stole a firearm from the motor vehicle during the violation, he or she is guilty of a class C felony. L.R. No. 0472H.02C Bill No. HCS for HB 117 Page 12 of 12 February 2, 2025 DD:LR:OD The bill also creates the offense of unlawfully gaining entry into a motor vehicle, which a person commits if he or she lifts the door handles or otherwise tries the doors and locks of successive vehicles in an attempt to gain entry. A violation of this section is a class E felony. A person does not commit the offense of unlawfully gaining entry into a motor vehicle if the person is the owner of the vehicle or has the owner's permission to enter the vehicle. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. SOURCES OF INFORMATION Attorney General’s Office Department of Corrections Department of Public Safety - Missouri Highway Patrol Department of Revenue Missouri Department of Transportation Missouri Office of Prosecution Services Office of the State Courts Administrator Office of the State Public Defender Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 2, 2025February 2, 2025